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disclaimer

chancery pleading. The renunciation of the defendant to all claims to the subject of the demand made by the plaintiff's bill.

2. A disclaimer is distinct in substance from an answer, though sometimes confounded with it, but it seldom can be put in without an answer for if the defendant has been made a party by mistake, having had an interest which be has parted with, the plaintiff may require an answer sufficient to ascertain whether that is the fact or not. Mitf. Pl. 11, 14, 253; Coop. Eq. Pl. 309; Story, Eq. Pl. c. 17, §838 to 844; 4 Bouv. Inst. n. 4211-14.

Source : Bouvier 1856

Language : English

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